14. PURSUANT TO C.R.S., §37-92-302,

81621 | 04/29/2021 | Ad id: 8-0000679491-01
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14. PURSUANT TO C.R.S., §37-92-302, AS AMENDED, YOU ARE NOTIFIED THAT THE FOLLOWING PAGES COMPRISE A RESUME OF THE APPLICATIONS AND AMENDED APPLICATIONS FILED WITH THE WATER CLERK FOR WATER DIVISION 5 DURING THE MONTH OF MARCH 2021. The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute or be forever barred.
21CW3039 PITKIN COUNTY – ROARING FORK RIVER OR ITS TRUBUTARIES. SUSAN G. RUDD c/o Paul L. Noto, Esq., Patrick, Miller & Noto, P.C., 229 Midland Ave., Basalt, CO 81621 (970) 920-1030. APPLICATION TO MAKE ABSOLUTE IN PART AND FOR FINDINGS OF REASONABLE DILIGENCE Name of water right: Pastures Pump and Pipeline. Description of conditional water right: Original decree: Case No. 93CW327, District Court, Water Division No. 5, entered on June 27, 1994. Previous diligence cases: Case No. 00CW107, February 8, 2001. Case No. 07CW22, May 18, 2008. Case No. 14CW3064, March 22, 2015. Legal description: In the SW ¼ of the SW ¼ of Section 5, Township 9 South, Range 85 West of the 6th P.M., at a point approximately 590 feet from the South section line and 210 feet from the West section line (Pitkin County). On file with the court as Figure 1 and 2. Source: Roaring Fork River, tributary to the Colorado River. Appropriation date: June 24, 1993. Amount: 0.55 c.f.s. (250 g.p.m.), conditional. Uses: Irrigation, stockwatering, piscatorial, and recreation, including water delivery into Pastures Pond. The application contains a detailed outline of the work done to complete the appropriation. Claim to make absolute: Date water applied to beneficial use: June 15, 2015. Amount: 0.55 c.f.s. (250 g.p.m.). Uses: Irrigation and stock watering. Supporting evidence: See Affidavit of Marc Kiernan on file with the court as Exhibit A. Applicant requests a finding of reasonable diligence for the piscatorial and recreation, including delivery of water into Pastures Pond, uses in the amount of 0.55 c.f.s. Name of water right: Pastures Pond. Description of conditional water right: Original Decree: Case No. 93CW327, District Court, Water Division No. 5, entered on June 27, 1994. Previous diligence cases: Case No. 00CW107, February 8, 2001. Case No. 07CW22, May 18, 2008. Case No. 14CW3064, March 22, 2015. Legal description: In the SW ¼ of the SW ¼ of Section 5, Township 9 South, Range 85 West of the 6th P.M. at a point approximately 500 feet from the South section line and 200 feet from the West section line (Pitkin County). See on file with the court Figure 1 and 2. Source: Roaring Fork River, tributary to the Colorado River. Appropriation date: June 24, 1993. Amount: 15 acre-feet, conditional, with the right to fill and refill whenever water is physically and legally available and in priority. Maximum height of dam: Less than 10 feet. Length of dam: Less than 150 feet. Total capacity of reservoir: 15 acre-feet. Active capacity of reservoir: 15 acre-feet. Dead storage: 0 acre-feet. Uses: Irrigation, piscatorial, recreation, and augmentation and exchange subject to the plan for augmentation approved in Case No. 93CW328. The application contains a detailed outline of work toward completion of the appropriation. Applicant owns the land upon which the structures are located and where water will be put to beneficial use. The Pastures Pump and Pipeline and Pastures Pond are part of an integrated water supply project for Applicant's property.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of MAY 2021 to file with the Water Clerk a verified Statement of Opposition setting forth facts as to why this application should not be granted or why it should be granted in part or on certain conditions. A copy of such statement of opposition must also be served upon the applicant or the applicant's attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing Fee: $192.00) KATHY POWERS, Water Clerk, Water Division 5; 109 8th Street, Suite 104 Glenwood Springs, CO 81601.